[2025] KEHC 2737 (KLR)
The court found that the trial court had already considered all relevant mitigating factors, including the applicant's status as a first offender, her mitigation, and the time spent in remand custody. The sentence imposed was within the law and appropriate to the circumstances. There was no illegality, impropriety,...
Source-derived case information.
- Citation
- [2025] KEHC 2737 (KLR)
- Parties
- Applicant: Faith Ndinda Kimuyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E027 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Revision of Sentence, Mitigation, First Offender, Remorse, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Ndinda Kimuyu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised to a non-custodial sentence.
- 2 Whether the trial court considered all relevant mitigating factors before sentencing.
Ratio Decidendi
The court found that the trial court had already considered all relevant mitigating factors, including the applicant's status as a first offender, her mitigation, and the time spent in remand custody. The sentence imposed was within the law and appropriate to the circumstances. There was no illegality, impropriety, or omission justifying revision. Therefore, there was no good cause or reason to interfere with the sentence, and the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Kimuyu v Republic (Criminal Revision E027 of 2025) [2025] KEHC 2737 (KLR) (11 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2737 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E027 of 2025
DR Kavedza, J
March 11, 2025
Between
Faith Ndinda Kimuyu
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after a full trial convicted for the offence of obtaining money by false pretenses contrary to section 313 of the Penal Code. She was sentenced to serve three years and six months.
2. She has filed the present application dated 10th January 2025 seeking revision of sentence. The grounds raised are that he is the sole breadwinner in her family who have suffered since his incarceration. She is remorseful for the offence committed. She has undergone rehabilitation. She urged the court to revise the sentence of the trial court to a non-custodial sentence.
3. I have considered the application, the grounds in support and the applicable law. From the record of the trial court, the court considered the applicant’s mitigation, the time spent in remand custody and the fact that the applicant was a first offender before sentencing. Having considered the application in its totality. The sentence imposed was also legal in the circumstances of the case.
4. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The application dismissed.
RULING DATED AND DELIVERED VIRTUALLY THIS 11TH MARCH 2025D. KAVEDZAJUDGE